Report of the Chairman
The theme of this year’s Annual Report is the future. We are on and sincerity that, when appropriate, can do so much to
the brink of a great number of changes that are likely to affect prevent a claim. Such a sincere expression of regret is very
members. much what complainants are looking for, without
A very significant change to the MDU itself was the retirement
compromising the defence of the healthcare professional. Less
at the end of April 2009 of Dr Michael Saunders, who was on
welcome, given the need to preserve the professional/patient
the MDU staff for 23 years and Chief Executive for fourteen.
relationship, is that patients can now make complaints direct
to the PCT instead of the GP or GDP. In these cases GPs and
Working with a strong executive Dr Saunders has excelled and GDPs should of course be treated fairly and allowed to
demonstrated considerable determination and commitment to respond, but members who encounter difficulties are advised
protect doctors, dentists and allied healthcare professionals to contact us.
from medico-legal threats. Equally important, he has enhanced
the rights and security of patients who have suffered negligent
This is just one of the unwelcome innovations arising out of
treatment. He has achieved this by focusing the company’s
recent high-profile enquiries. As with the proposed introduction
expertise on supporting our members in the UK and Ireland
of GMC affiliates, responsible officers and ‘recorded concerns’,
and by introducing insured indemnity. He is also responsible for
we do not think these innovations have been properly
creating a Board of Management with external directors who
considered. They have been devised to meet a supposed need
have brought essential experience and strategic direction to
that we do not think has been satisfactorily demonstrated to
the organisation which is now regulated by the FSA. Under his
exist. They have the potential, at best, to involve countless
guidance the MDU has introduced in-house specialist claims
hours’ extra work for very many members and, at worst, to
and legal departments and a blossoming advisory service
increase members’ exposure to yet more regulatory procedures
provided 24-hours a day, seven days a week, by home-working
that we believe are unnecessary, for what we fear will be no
medico and dento-legal advisers.
appreciable improvement in already high standards of patient
care and safety. Our role, as always, is to work with those who
Michael has effected the advances through his personal ability are developing such procedures, to contribute our expertise to
to engage, inspire, persuade and harmonise with staff as well ensure members’ rights to fairness and justice are not
as liaising with and influencing governmental, professional and compromised and, when and if all this comes about, to assist
regulatory bodies. His contributions have been massive, as members who are held accountable. However, I do not believe
reference to the financial report demonstrates, and we wish the future is bleak, because the MDU remains constantly
him and his family a long, healthy and happy retirement. vigilant on your behalf.
Michael’s successor is Dr Christine Tomkins who is well known You may remember that last year Jill Harding and Rupert
to many members as the Deputy Chief Executive and Hoppenbrouwers, our Head of Claims and Head of the DDU
Professional Services Director. Her appointment maintains our respectively, reported on the increase in claims costs generally,
unique ‘Doctors for Doctors’ ethos. She was an outstanding and disproportionate claimants’ solicitors’ costs specifically.
candidate for the post and we can look forward with the We are certain that the cost of compensation paid to patients
utmost confidence to another Chief Executive with great vision who have sustained long-term damage will continue to increase
and drive. And of course, like Michael, Christine is supported by as a result of the Thompstonecase, and because of the rise in
a loyal and dedicated staff who understand the importance of damages payments more generally. However, there is potential
treating members fairly and make sure that providing the best for change with claimants’ solicitors’ costs, where the MDU has
possible services for members is central to everything they do. not been alone in highlighting concerns. At the 2008 Labour
Conference, the Justice Secretary, Jack Straw, condemned the
Crucial for medical members are the host of regulatory changes
behaviour of some lawyers in conditional fee cases and went so
planned for the near future. Autumn 2009 should see the
far as to say that the fees charged were ‘nothing short of
GMC’s introduction of the licence to practise, to be followed in
scandalous’. To address concerns about costs voiced by
due course by relicensing and recertification. Some members
defendants’ representatives and others, the MDU among them,
have asked us about the effect of these radical developments
the Master of the Rolls has appointed Lord Justice Jackson to
on their practice, but the GMC has not yet finalised its plans so
lead a fundamental review of civil costs. It goes without saying
it is too early to provide definitive advice. We probably won’t
that the MDU is very pleased to be able to contribute data to
know all the answers until next year. However, I am able to
this review in the interests of members. It cannot be right that
reassure members who retire and wish to come off the Medical
some legal firms should receive payment entirely out of
Register that they can still remain with the MDU as retired
proportion to the size of the damages awarded.
members. Doctors who are not registered cannot practise
medicine, but would be able to offer help in an emergency, as Finally, we welcome Mr Alasdair Miller to the Dental Advisory
a Good Samaritan, as long as they did not hold themselves out Committee, and three new Council members, Prof Derek
to be registered doctors. Retired MDU members could still seek Alderson, Prof Matt Thompson and Mr Owen Sparrow. We say
assistance if any problem arose from a Good Samaritan act, goodbye and thanks to retiring Council members Sir Peter Bell
and I would encourage anyone who would like to become a and Mr Glenn Neil-Dwyer who have served our members so well.
retired member to contact our membership department.
On the advisory side, 2009 saw the introduction of the NHS and
social care complaints procedure on 1 April which will affect all
members. The new procedure has just two stages and we are
pleased to see greater emphasis on local resolution, where
MDU experience is that 85% of complaints that GP and GDP C C Evans
members notify to us are resolved satisfactorily. Saying ‘I’m Chairman of the Board of Management
sorry this has happened to you’ are seven words of apology President of the MDU
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